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⚖ Section 106B(4) Cap 80 Evidence Act (Cap 80) Sections 78A & 106B

Section 106B(4) Certificate of Electronic Evidence: DocuSign / Adobe Sign Digitally Signed Contracts & Audit Trails

Device specifications and statutory certificate template for producing DocuSign / Adobe Sign Digitally Signed Contracts & Audit Trails in Kenyan courts.

Device Specification

Section 106B(2) Compliance

Cloud e-Signature Platform & Certificate of Completion Server

Electronic Records Covered

Verified Annexures

Digitally executed contract and cryptographic envelope audit trail showing IP addresses and signing timestamps.

Admissibility Standard

Signed Under Section 106B(4)

Prevents preliminary objections against digital printouts and electronic exhibits.

Statutory Section 106B(4) Certificate Template: DocuSign / Adobe Sign Digitally Signed Contracts & Audit Trails

Evidence Act (Cap 80), Section 106B(2) & 106B(4) — Mandatory Electronic Record Admissibility Certificate:

CERTIFICATE OF ELECTRONIC EVIDENCE UNDER SECTION 106B(4) OF THE EVIDENCE ACT (CAP 80) 1. I, [NAME OF DEPONENT], confirm that I had lawful operational control over the computer/device described as: Cloud e-Signature Platform & Certificate of Completion Server. 2. The electronic records annexed hereto comprise: Digitally executed contract and cryptographic envelope audit trail showing IP addresses and signing timestamps. 3. Throughout the material period, the said device and system were operating properly in the ordinary course of business/activities, and no alterations or tampering occurred during extraction or printing.

Key Practice Questions

Is a Section 106B(4) certificate mandatory when annexing DocuSign / Adobe Sign Digitally Signed Contracts & Audit Trails to an affidavit in Kenya?

Yes. Under Section 106B(4) of the Evidence Act (Cap 80), computer printouts and electronic exports of DocuSign / Adobe Sign Digitally Signed Contracts & Audit Trails must be accompanied by a certificate identifying the device (Cloud e-Signature Platform & Certificate of Completion Server) and confirming its proper operation.

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